[CC 1986 §600.010]
This Chapter shall be known and may be cited as the "General
Licensing Ordinance" of the City of Truesdale.
[CC 1986 §600.020]
It is not intended by this Chapter to repeal, abrogate, annul
or in any way impair or interfere with existing provisions of other
laws or ordinances, except those specifically repealed by this Chapter.
Where this Chapter imposes a greater restriction upon persons, premises
or personal property than is imposed or required by such existing
provisions of law, ordinance, contract or deed, the provisions of
this Chapter shall control.
A.
It
shall be unlawful for any person, firm or corporation to engage in
any business or occupation in the City of Truesdale without having
first applied for and obtained a license to conduct such business
or occupation from the City Clerk and without paying the license fee
therefor, all as provided for in this Chapter.
B.
Each
applicant for a business license under this Chapter shall submit a
statement from the Missouri Department of Revenue pursuant to Section
144.083.4, RSMo., stating no tax is due, which statement is a prerequisite
to the issuance or renewal of a City business license. The statement
required by this Section shall be dated within ninety (90) days of
submission of the business license application or renewal application.
[CC 1986 §600.030]
For the purposes of this Chapter, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
include the future, words in the plural number include the singular
number and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely
directory.
The Board of Aldermen of the City of Truesdale.
Includes all kinds of vocations, occupations, professions,
enterprises, establishments, and all other kinds of activities and
matters, together with all devices, machines, vehicles and appurtenances
used therein, any of which are conducted for private profit or benefit,
either directly or indirectly, on any premises in this City or anywhere
else within its jurisdiction.
The City of Truesdale.
The City Collector of the City of Truesdale.
Or its singular number "insignia" is any tag, plate badge,
emblem, sticker, or any other kind of device which may be required
for any use in connection with any license.
As used generally herein, shall include respectively the
words "permit" or "permittee" or the holder of or any use or period
of time of any similar privilege, wherever relevant to any provision
of this Chapter or other law or ordinance.
Includes individual natural persons, partnerships, joint
adventures, societies, associations, clubs, trustees, trusts or corporations;
or any officers, agents, employees, factors, or any kind of personal
representatives of any thereof, in any capacity, acting either for
himself/herself, or for any other person, under either personal appointment
or pursuant to law.
Includes all lands, structures, places and also the equipment
and appurtenances connected or used therewith in any business and
also any personal property which is either affixed to, or is otherwise
used in connection with, any such business conducted on such premises.
[CC 1986 §600.040]
A.
Compliance Required. It shall be unlawful for any person,
either directly or indirectly, to conduct any business or non-profit
enterprise or to use in connection therewith any vehicle, premises,
machine or device, in whole or in part, for which a license or permit
is required by any law or ordinance of this City, without a license
or permit therefor being first procured and kept in effect at all
times as required by this Chapter or other law or ordinance of this
City.
B.
Special Sales. This Chapter shall apply to all business
in the nature of special sales for which a license is required by
any law or ordinance of this City and it shall be unlawful for any
person, either directly or indirectly, to conduct any such sale except
in conformity with the provisions of this Chapter.
1.
2.
Agents responsible for obtaining license. The agents
or other representatives of non-residents who are doing business in
this City shall be personally responsible for the compliance of their
principals and of the businesses they represent with this Chapter.
3.
Separate license for branch establishments. A license
shall be obtained in the manner prescribed herein for each branch
establishment or location of the business engaged in, as if each such
branch establishment or location were a separate business; provided
that warehouses and distributing plants used in connection with and
incidental to a business licensed under the provisions of this Chapter
shall not be deemed to be separate places of business or branch establishments.
a.
Rental real property. Each rental real property
shall be deemed a branch establishment or separate place of business
for the purposes of this Chapter when there is a representative of
the owner or the owner's agent on the premises who is authorized to
transact business for such owner or owner's agent or there is a regular
employee of the owner or of the owner's agent working on the premises.
4.
No license required for mere delivery. No license
shall be required of any person for any mere delivery in the City
of any property purchased or acquired in good faith from such person
at his/her regular place of business outside the City where no intent
by such person is shown to exist to evade the provisions of this Chapter.
5.
Special permits to non-profit enterprise. The City
Clerk may issue special permits, without the payment of any license
fees or other charges therefor, to any person or organization for
the conduct or operation of a nonprofit enterprise, either regularly
or temporarily, when he/she finds that the applicant operates without
private profit, for a public, charitable, educational, literary, fraternal
or religious purpose.
a.
Application for special permit. An applicant for
a special permit shall submit an application therefor to the City
Clerk upon forms prescribed by the City Clerk, and shall furnish such
additional information and make such affidavits as the City Clerk
shall require.
b.
Special permittees must conform. A person or organization
operating under a special permit shall operate his/her non-profit
enterprise in compliance with this Chapter and all other applicable
rules and regulations except as provided herein.
A.
No
person following for a livelihood the profession or calling of minister
of the gospel, duly accredited Christian Science practitioner, teacher,
professor in a college, priest, lawyer, certified public accountant,
dentist, chiropractor, optometrist, chiropodist, or physician or surgeon
in this City shall be taxed or made liable to pay any municipal or
other corporation tax or license fee of any description whatever for
the privilege of following or carrying on such profession or calling,
and after December 31, 2003, no investment funds service corporation
as defined in Section 143.451, RSMo., may be required to pay any such
license fee in excess of twenty-five thousand dollars ($25,000.00)
annually, any law, ordinance or Charter to the contrary notwithstanding.
B.
No
person following for a livelihood the profession of insurance agent
or broker, veterinarian, architect, professional engineer, land surveyor,
auctioneer, or real estate broker or salesman in this City shall be
taxed or made liable to pay any municipal or other corporation tax
or license fee for the privilege of following or carrying on his/her
profession unless that person maintains a business office within the
City of Truesdale.
[CC 1986 §600.050]
A.
The
City Clerk shall collect all license fees and shall issue licenses
in the name of the City to all persons qualified under the provisions
of this Chapter and shall:
1.
Make rules. Promulgate and enforce all reasonable
rules and regulations necessary to the operation and enforcement of
this Chapter.
2.
Adopt forms. Adopt all forms and prescribe the information
to be given therein as to character and other relevant matters for
all necessary papers.
3.
Require affidavits. Require applicants to submit
all affidavits and oaths necessary to the administration of this Chapter.
4.
Obtain endorsement. Submit all applications, in
proper form, to interested City Officials for their endorsement thereon
as to compliance by the applicant with all City regulations which
they have the duty of enforcing.
5.
Investigate. Determine the eligibility of any applicant
for a license as prescribed herein.
6.
Examine records. Examine the books and records of
any applicant or licensee when reasonably necessary to the administration
and enforcement of this Chapter.
7.
Give notice. Notify any applicant of the acceptance
or rejection of his/her application and shall, upon his/her refusal
of any license or permit, at the applicant's request, state in writing
the reasons therefor and deliver them to the applicant.
[CC 1986 §600.060]
A.
The
general standards herein set out relative to the qualifications of
every applicant for a City license shall be considered and applied
by the City Clerk. The applicant shall:
1.
Citizenship. Be a citizen of the United States or
a declarant therefor as authorized by law.
2.
Good moral character. Be of good moral character.
In making such determination the City Clerk shall consider:
a.
Penal history. All convictions, the reasons therefor
and the demeanor of the applicant subsequent to his/her release.
b.
License history. The license history of the applicant;
whether such person, in previously operating in this or another State
under a license, has had such license revoked or suspended, the reasons
therefor and the demeanor of the applicant subsequent to such action.
c.
General personal history. Such other facts relevant
to the general personal history of the applicant as he/she shall find
necessary to a fair determination of the eligibility of the applicant.
3.
No obligations to City. Not be in default under
the provisions of this Chapter nor indebted or obligated in any manner
to the City except for current taxes.
All applications for the licenses required herein shall be made
to the City Clerk on appropriate forms provided for that purpose by
the City. All licenses issued by the City Clerk shall be in such form
as is provided by the Board of Aldermen; provided however, that such
license shall bear the signature of the Mayor of the Board of Aldermen
and the City Clerk, the date of issuance thereof and the date of expiration,
as well as any additional information that may be required by the
Board of Aldermen.
[CC 1986 §600.070]
A.
Every
person required to procure a license under the provisions of any ordinance
or law of the City shall submit an application for such license to
the City Clerk. The application shall:
1.
Form of application. Be a written statement upon
forms provided by the City Clerk; such form shall include an affidavit,
to be sworn to by the applicant before a notary public of this State.
2.
Contents of application. Require the disclosure of all information necessary to compliance with Section 605.060 and any other information which the City Clerk shall find to be reasonably necessary to the fair administration of this Chapter.
3.
Payment of fees. Be accompanied by the full amount
of the fees chargeable for such license. Whenever a license cannot
be issued at the time the application for the same is made, the City
Clerk shall issue a receipt to the applicant for the money paid in
advance, subject to the following condition:
All applications for renewal of a license provided for herein
shall be obtained no later than December thirty-first (31st) preceding
the year for the license.
[CC 1986 §600.080]
A.
The
applicant for the renewal of a license shall submit an application
for such license to the City Clerk. The application shall:
1.
Form of application. Be a written statement upon
forms provided by the City Clerk; such form shall include an affidavit,
to be sworn to by the applicant before a notary public for this State.
2.
Contents. Require the disclosure of such information
concerning the applicant's demeanor and the conduct and operation
of applicant's business during the preceding licensing period as is
reasonably necessary to the determination by the City Clerk of the
applicant's eligibility for a renewal license and to a possible adjustment
of license fee.
[CC 1986 §600.090]
A duplicate license or special permit shall be issued by the
City Clerk to replace any license previously issued, which has been
lost, stolen, defaced or destroyed, without any willful misconduct
on the part of the licensee, upon the filing by the licensee of an
affidavit sworn to before a notary public of this State attesting
to such fact.
[CC 1986 §600.100]
When a licensee places himself/herself in a new status as provided in Section 605.120(B)(1) of this Chapter, the City Clerk shall issue a supplemental license and such additional insignia as may be required.
[CC 1986 §600.110]
A.
The
City Clerk shall, upon disapproving any application submitted under
the provisions of this Chapter, refund all fees paid in advance to
the applicant, provided the applicant is not otherwise indebted to
the City.
B.
Compliance Pending Legal Action. When the issuance of a
license is denied and any action is instituted by the applicant to
compel its issuance, such applicant shall not engage in the business
of which the license was refused unless a license be issued to him/her
pursuant to a judgment authorizing the same.
[CC 1986 §600.120]
A.
Fee Established. License fees shall be in the amounts established
by the Board of Aldermen and as further determined under this Chapter.
B.
Adjustment Of Fee. If there is a change in license status,
the City Clerk shall require the payment of an additional or higher
license fee, to be prorated for the balance of the license period,
when a licensee places himself/herself in such status under this Chapter
by:
C.
Rebate Of Fee.
1.
General prohibition. Except as herein provided,
a rebate or refund of any license fee or part thereof shall be made
by reason of the non-use of such license or by reason of a change
of location or business rendering the use of such license ineffective.
2.
Authorized in special cases. The City Clerk shall
have the authority to refund a license fee or appropriate portion
thereof where the license fee was collected through an error.
No license issued under the provisions of this Chapter shall
be assignable or transferable but shall apply only to the person to
whom same is issued. In the event any licensee, as provided for herein,
shall move his/her place of business from one location to another
location within the City, said licensee shall submit a statement of
the fact of such change to the City Clerk who may transfer such license
as to location only by providing the licensee with written permission
allowing such change of location. In no event, however, shall such
license be transferred from one person to another or from the kind
of business or occupation originally licensed to another type of business
or occupation.
[CC 1986 §600.130]
A.
Information Required. Each license issued hereunder shall
be signed by the Mayor and the City Clerk and countersigned by the
Collector and the Clerk shall affix the corporate seal thereto and
each license shall state upon its face the following:
1.
The name of the licensee and any other name under which business
is to be conducted.
2.
The kind and address of each business so licensed.
3.
The amount of license fee therefore.
4.
The dates of issuance and expiration thereof.
5.
Such other information as the State law or City ordinance shall determine.
The term of the licenses issued pursuant to the provisions of
this Chapter shall be from January first (1st) to December thirty-first
(31st) of the same year.
[CC 1986 §600.140]
A.
Every
licensee under this Chapter shall:
1.
Permit inspection. Permit all reasonable inspections
of his/her business and examinations of his/her books by public authorities
maintained so as to be plainly visible from such public entrance.
2.
Vehicles.
a.
Effect of this Chapter. Any general or special license
fees required for any kind of vehicle, for the privilege of being
operated upon the public highways, by any Statute or ordinance shall
not abrogate, limit or affect any further requirements of this Chapter
or other ordinances or laws, for additional and separate licenses,
permits and insignia and fees for such vehicles or other uses, for
and relating to the privilege of using the same in the business so
licensed.
b.
Insignia. Affix any insignia delivered for use in
connection with a licensed motor vehicle on the inside of the windshield
of the vehicle or as may be otherwise prescribed by the City Clerk
with the advice and consent of the Board of Aldermen or by law.
c.
Motorless vehicles — insignia. Affix any metal
or other durable type of insignia delivered for use in connection
with a wagon or other vehicle not operated by motor power securely
on the outside of such vehicle.
3.
Persons. Carry such license on his/her person when
he/she has no licensed business premises.
4.
Machines. Affix any insignia delivered for use in
connection therewith upon the outside of any coin, vending or other
business machine or device, so that it may be seen at all time.
5.
Inoperative licenses, special permits and insignia. Not allow any license, special permit or insignia to remain posted
or displayed or used after the period for which it was issued has
expired; or when it has been suspended or revoked or for any other
reason become ineffective. The licensee shall promptly return such
inoperative license, special permit or insignia to the license officer.
6.
Unlawful possession. Not loan, sell, give or assign
to any other person or allow any other person to use or display or
to destroy, damage or remove or to have in his/her possession, except
as authorized by the City Clerk or by law, any license or insignia
which has been issued to said licensee.
7.
Keep records. Keep all records and books necessary
to the computation of his/her license fee and to the endorsement of
this Chapter.
8.
Where applicant fails to record. The City Clerk
shall make his/her own determination as to the financial statement
for any business where the licensee has failed to keep books and records
as required herein.
Each license issued by the City under the provisions of this
Chapter shall be carefully preserved and shall be displayed in a conspicuous
place in the place of business authorized to be conducted by said
license. If there is no place of business, said license shall be carried
on the licensee's person.
[CC 1986 §600.150]
An annual City license tax is hereby levied on all businesses,
activities, occupations and services within the intention of the State
General Assembly in enacting Section 94.270, RSMo. The amount of the
tax shall be twenty-five dollars ($25.00).
[CC 1986 §600.160]
A.
Persons Authorized. The following persons are authorized
to conduct inspections in the manner prescribed herein.
1.
City Clerk. The City Clerk shall make all investigations
reasonably necessary to the enforcement of this Chapter.
2.
Officials having duties. The City Clerk shall have
the authority to order the inspection of licensees, their businesses
and premises by all City Officials who have duties to perform with
reference to such licenses or businesses.
3.
Police Officers. All Police Officers shall inspect
and examine businesses located within their respective jurisdictions
or beats to enforce compliance with this Chapter.
B.
Authority Of Inspectors. All persons authorized herein to
inspect licensees and businesses shall have the authority to enter,
with or without search warrant, at all reasonable times, the public
portion of the following premises:
C.
Reports By Inspectors. Persons inspecting licenses, their
businesses or premises as herein authorized shall report all violations
of this Chapter or of any other laws or ordinances to license officer
and shall submit such other reports the City Clerk shall order.
1.
Provisional order. When an inspector has reported
the violation of this Chapter or of any law or ordinance, the City
Clerk shall issue to the affected person a provisional order to comply.
a.
Nature of notice. The provisional order and all
other notices issued in compliance with this Chapter shall be in writing,
shall be personally served if practicable and shall apprise the person
affected of his/her specific violations. In the absence of the person
affected or his/her agent or employee, a copy of such notice shall
be affixed to some structure on the premises. Depositing such notice
in the United States mail shall constitute service thereof, addressed
to the last known address of such party unavailable for personal service.
b.
Period of compliance. The provisional order shall
require compliance within thirty (30) days of service on the affected
person.
c.
Hearing. Upon written application by the person
affected before the expiration of the thirty (30) day period of compliance,
the City Clerk shall order a hearing. Notice of such hearing shall
be given the affected person in the manner prescribed herein.
2.
Modifying authority of City Clerk. Upon written
application or on his/her own motion, the City Clerk shall have the
authority, in a proper case, to extend the time for compliance, to
grant a new hearing date and to change, modify or rescind any provisional
recommendation or order, prior to its becoming final.
3.
Final order. Upon the failure or refusal of the
violator to comply with the provisional order or with any order made
after hearing, the City Clerk shall then declare and make the provisional
order final.
a.
Revocation of license — grounds. Any license
issued by the City pursuant to the provisions of this Chapter may
be revoked by the Board of Aldermen for any of the following reasons,
as well as for any other reasons specified in this Chapter:
(1)
Any failure to comply with or any violation of any provisions
of this Chapter, or any other ordinance of the City regulating the
business, occupation or activity licensed, or the Statutes of the
State of Missouri by any licensee.
(2)
Violation of the terms and conditions upon which the license
was issued.
(3)
Failure of the licensee to pay any tax or obligation due to
the City.
(4)
Any misrepresentation or false statement in the application
for a license required herein.
(5)
Failure to display the license required herein.
b.
Revocation of any license shall be in addition to any other penalty
or penalties which may be imposed pursuant to these provisions.
c.
Effect of revocation or suspension. Upon revocation
or suspension no refund of any portion of the license fee shall be
made to the licensee and he/she shall immediately cease all business
at all places under such license in the City.
4.
Summary action. When the conduct of any licensee,
agent or employee is so inimicable to the public health, safety and
general welfare as to constitute a nuisance and thus give rise to
an emergency, the City Clerk shall have the authority to summarily
order the cessation of business and the close of premises or to suspend
or revoke the license.
a.
Special hearing. Unless waived in writing, within
five (5) days after he/she has acted summarily, the City Clerk shall
conduct a special hearing for such action in respect to the summary
order as may be therein determined. Notice of such hearing shall be
given the affected person in the manner prescribed herein.
5.
Right of appeal. Any person aggrieved by any decision
of the City Clerk after hearing shall have the right to appeal to
the City Board of Aldermen by filing a written appeal with such City's
Board of Aldermen's Presiding Officer and a copy thereof with said
City Clerk within ten (10) days following the effective date of the
action or decision complained of.
a.
Contents of appeal. Such appeal shall set out generally
the order or decision appealed from and shall include a statement
of the facts and/or law relied upon to avoid such order.
b.
Notification of City Clerk. At the time of filing
any such appeal, a copy thereof shall be filed by the appellant with
the City Clerk as provided aforesaid.
c.
Hearing. The Board of Aldermen shall fix a time
and place for hearing the appeal and shall serve a written notice,
as provided herein, upon the appellant informing him/her thereof.
The Board of Aldermen shall also give such notice to the City Clerk
and such officer shall be entitled to appear and defend such order.
d.
Effect of decision. The findings of the Board of
Aldermen shall be final and conclusive and shall be personally served
upon the appellant as required herein.
D.
Liability Of Violator.
1.
Unpaid fee constitutes debt. The amount of any unpaid
fee, the payment of which is required hereunder, shall constitute
a debt due the City.
2.
Action by the City Attorney. The City Attorney shall
at the direction of the City Clerk institute civil suit in the name
of the City to recover any such unpaid fee.
3.
Civil judgment no bar. No civil judgment or any
set by the City Attorney, the City Clerk or the violator shall bar
or prevent a criminal prosecution for each and every violation of
this Chapter when otherwise permitted by law.
A.
In
any case in which a complaint has been made to the Board of Aldermen,
or in which the Board of Aldermen have on their own determined that
cause may exist for the revocation of a license under the provisions
of this Chapter, the following procedures shall be followed:
1.
The Board of Aldermen shall set a date for a hearing to consider
the question of revocation.
2.
At least ten (10) days prior to said hearing, written notice shall
be mailed to the licensee, by registered mail, return receipt requested,
to his/her last known address as shown in the records of the City
Clerk advising the licensee of the time, date and place of hearing
and of the reason for considering the revocation of his/her license.
3.
During the pendency of this hearing before the Board of Aldermen,
the licensee shall be permitted to continue the operation of his/her
business.
4.
At the hearing set by the Board of Aldermen, the Board of Aldermen
shall hear all relevant and material evidence justifying the retention
of the license.
5.
The licensee may be present in person and/or by his/her attorney
and may present evidence.
6.
After hearing the evidence presented, the Board of Aldermen shall
vote on the issue of whether the subject license shall be revoked.
7.
The affirmative vote of a majority of the Board of Aldermen shall
be necessary to revoke any license.
B.
In
the event the City is notified by the Department of Revenue in accordance
with Section 144.083.2, RSMo., that a person has failed to pay sales
tax for the business, the City Administrator shall automatically revoke
said City license and shall provide the person/business written notice
of such revocation by one (1) of the following methods: (1) hand delivery
by a member of the City's Police Department or authorized representative
of the City, or (2) by certified, registered U.S. Mail or regular
mail, postage paid, deposited in the mail to the business address
of the license on its application on file in the office of the City
Hall. The license may be automatically reinstated upon proof from
the State provided to the City Hall that the sales tax issue has been
resolved.
[Ord. No. 776, 8-10-2016]
C.
Suspension;
Employment Of Unauthorized Aliens. A business license shall be suspended
by the City when directed by the Attorney General upon the failure
of any business to provide identify information from a business entity
regarding any persons alleged to be unauthorized aliens within fifteen
(15) days of the receipts of such request from the Attorney General
or upon order of the Circuit Court of the County upon a finding that
a business entity knowingly violated Sections 285.525 to 285.550,
RSMo.
[Ord. No. 776, 8-10-2016]
[Ord. No. 670 §2, 3-13-2013]
Any person, firm, corporation or copartnership who shall violate any provision of this Chapter, or who shall exercise or attempt to exercise any of the occupations, trades or avocations, or who shall carry on or engage in or attempt to carry on or engage in any of the businesses for which a license is required in this Chapter in the City of Truesdale without first paying the tax herein levied and obtaining a license therefor shall, upon conviction, be deemed guilty of an ordinance violation and shall be punished by a fine as specified in Section 100.220. Any business in operation as of January 1 of the current year that failed to obtain a business license for the current year shall be subject to a citation for an ordinance violation on February 1 of the year by the Police Department.
[1]
Editor's Note: Former Section 605.175, Penalty for Delinquent
Business License Renewal, adopted 4-27-2011 by Ord. No. 613 §§1
— 2, was repealed 3-13-2013 by Ord. No. 670 §1.
